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The broken finger accident which the lead guitarist of INXS claims ended his career and cost him more than $ 1.2 million has been compared to a knife in a toaster.
Tim Farriss is suing a Sydney boat rental company and two boat owners for negligence over a 2015 accident which he says occurred when anchoring equipment unexpectedly shifted , which caught his left hand under the heavy chain.
He also claims he was not properly warned about the equipment.
But the musician’s story of how his hand got stuck did not match, the defendants’ attorney said on Monday, saying Farriss must have stepped on a bridge button that brought the anchor chain back in. the boat.
Attorney John Turnbull SC acknowledged that the equipment, which had no chain guard, was unsafe, but said reasonable care would prevent a user from injuring themselves.
“I compared it to a toaster – your toast gets stuck in the toaster… you can’t just stick a knife in, you have to put it out,” Mr Turnbull said.
He also denied that the machine was faulty.
But Farriss’ attorney urged Judge Richard Cavanagh to widen his gaze to include the entire boat trip, including Farriss driving through Akuna Bay north of Sydney on Australia Day weekend and being unable to find a mooring.
As Farriss dropped anchor, the equipment broke and the musician was left adrift, in the wind, on a busy weekend, lawyer Adrian Williams said.
“He couldn’t sit and twiddle his thumbs, he didn’t have a mooring to go, he had to do something,” he said.
The aircraft was “obviously misaligned”, the chain tended to buckle, and the defendants had failed to take all measures to maintain their duty of care, despite at least one earlier occasion when the anchor winch failed and had to be operated manually, he said.
“(Mr. Farriss) was put in a terrible position,” Williams said.
“What he lost is more than a finger. He lost the capacity of his vocation as a performing guitarist. He was not done with it (career) and unsurprisingly, it had the effect of depressing him …
If successful, Farriss’ payout could exceed $ 1.2 million, mostly due to a claim that INXS could have toured six after 2015.
As the court debated the comeback lightly against the backdrop of Queen, Dexys Midnight Runners, John Farnham and ABBA, Mr Turnbull claimed it was doubtful INXS would ever have filmed again.
“This is proof that you don’t have which sounds the loudest,” he said, pointing to the lack of statements from fellow students Andrew Farriss, John Farriss and Kirk Pengilly about any potential.
“Where are they?”
Cavanagh stressed that he would make a decision based on the evidence – not on speculation about the success or failure of other rockers on the cover tours.
He is expected to deliver his judgment in November or December.
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